Note: Allegations outlined in the ABCC’s media releases relating to the commencement of litigation reflect those put forward in our Statement of Claim at the time of filing. Some details may vary over the course of the proceeding. Please refer to the legal case summary.
The Australian Building and Construction Commission has commenced Federal Court proceedings against the CFMMEU and one of its officials, Michael Jackson, alleging Mr Jackson acted in an improper manner during construction of the Morphettville Park Sports Club in Adelaide.
According to the ABCC’s statement of claim, on 14 February this year Mr Jackson allegedly engaged in aggressive, abusive and threatening behaviour towards two employees of a subcontractor engaged by Marion City Council to redevelop the community facility.
In its statement of claim the ABCC is alleging:
Mr Jackson, when referring to scaffolding erected on the site, said words to the effect of:
“Who the f..k built this, you guys are f..ing incompetent. This f..ing platform ladder is too high.”
When asked what was wrong with the scaffold Mr Jackson said words to the effect:
“If you don’t know, you are a f..ing idiot”
When asked by one of the employees to stop speaking in an aggressive manner Mr Jackson said words to the following effect:
“I don't give a f..k. I'll speak to you however the f..k I want…”
In response to the employees’ comments Mr Jackson made the following threat:
“You keep going, you'll never work in South Australia again”
The ABCC is alleging Mr Jackson breached section 500 of the Fair Work Act by acting in an improper manner. The ABCC further alleges the CFMMEU contravened s.500 of the Fair Work Act by reason of Mr Jackson’s contravention.
The maximum penalty for each contravention of the Fair Work Act 2009 is $63,000 for a body corporate and $12,600 for an individual.